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C.C.S.M. c. S235
The Surface Rights Act
| 1 | Definitions | |
| PURPOSES | ||
| 2 | Purposes of Act | |
| 3 | Crown bound | |
| 4 | (1) | Conflict with other Acts |
| (2) | Repealed | |
| 5 | Conflict between Act and other instruments | |
| SURFACE RIGHTS BOARD | ||
| 6 | (1) | Establishment of board |
| (2) | Term of office | |
| (3) | Presiding and deputy presiding member | |
| (4) | Remuneration and expenses | |
| (5) | Meetings | |
| (6) | Quorum | |
| (7) | Validity of acts where vacancy exists | |
| (8) | Duties of presiding member | |
| (9) | Duties of deputy presiding member | |
| (10) | Evidence as to signature of presiding member, etc. | |
| (11) | Appointment of another person in case of interest | |
| (12) | Appointment of substitute member | |
| (13) | Appointment of secretary and employees | |
| 7 | (1) | Rules of board |
| (2) | Form of notice | |
| (3) | Rules of evidence | |
| (4) | Evidence under oath | |
| 8 | Sitting of and inspection by board | |
| 9 | General powers of board | |
| 10 | Powers of board | |
| 11 | Duty to keep records | |
| 12 | (1) | Powers of board under Evidence Act |
| (2) | Application of section 88 of Evidence Act | |
| 13 | Liability of members, officers, etc. | |
| 14 | Reports by one member | |
| 15 | Annual report | |
| RIGHT OF ENTRY AND COMPENSATION | ||
| 16 | (1) | Right of entry with lease or order |
| (2) | Right of operator to repair, etc. | |
| (3) | Compensation for exercise of rights | |
| (4) | Board may determine compensation | |
| 17 | (1) | Operator to file agreement with board |
| (2) | Operator to file and deliver notice of assignment | |
| 18 | (1) | Waiting period |
| (2) | Waiver of waiting period | |
| 19 | Leases or agreements available for inspection | |
| 20 | (1) | Granting of rights on adjacent or other lands |
| (2) | Compensation to be paid by operator | |
| 21 | (1) | Application to board for hearing |
| (2) | Contents of notice | |
| 22 | Deemed submission to board for hearing | |
| 23 | Service of notice | |
| 24 | Effective date of service | |
| 25 | (1) | Notice of hearing |
| (2) | Board may view site | |
| (3) | Notice of viewing | |
| (4) | Powers of board following hearing | |
| (5) | Restriction upon scope of order | |
| (6) | Board may defer determination | |
| (7) | Rehearings and revisions | |
| (8) | Decision within 30 days | |
| 26 | (1) | Determination of compensation |
| (2) | Costs of hearing | |
| (3) | Costs in discretion of board | |
| (4) | Costs where offer less than 90% | |
| (5) | Costs where offer more than award | |
| 27 | (1) | Interim order for surface rights |
| (2) | Objection by owner or occupant | |
| (3) | Board shall hold hearing | |
| (4) | Undue hardship | |
| (5) | Terms and conditions of interim order | |
| 28 | No duplicate compensation | |
| 29 | Application for variation of order | |
| 30 | Application for change in compensation after lease | |
| 31 | When applications for change not to be made | |
| 32 | Board to determine compensation | |
| 33 | (1) | Variation order to benefit current owner |
| (2) | Applications for variation of Mining Board order | |
| 34 | (1) | Termination of right of entry |
| (2) | Board to fix date of hearing | |
| (3) | Order terminating right of entry | |
| (4) | Consent of operator | |
| ABANDONMENT | ||
| 35 | Abandonment or surrender of rights | |
| 36 | Restoration | |
| 37 | Application to the board | |
| 38 | Hearing before the board | |
| 39 | (1) | Contents of order |
| (2) | Additional compensation | |
| 40 | Power of board where operator satisfies obligation | |
| 41 | Termination of compensation | |
| 42 | Removal of caveats | |
| LIABILITY FOR TORTIOUS ACTS | ||
| 43 | Definition | |
| 44 | (1) | Liability for certain tortious acts |
| (2) | Operator liable notwithstanding assignment of rights | |
| 45 | Notice of loss or damage to operator | |
| 46 | (1) | Determination of compensation where no agreement |
| (2) | Application of section 25 to hearing | |
| (3) | Limitation on application under subsection (1) | |
| (4) | Claim barred where application is late | |
| 47 | Prima facie evidence of tortious act | |
| APPEAL | ||
| 48 | (1) | Grounds of appeal |
| (2) | Board orders final | |
| (3) | Referral back to board | |
| (4) | Leave to appeal | |
| 49 | Transmission of material to court | |
| 50 | Stay of proceedings | |
| GENERAL | ||
| 51 | Where owner or occupant cannot be found | |
| 52 | (1) | Application to determine compensation |
| (2) | Retention of deposit | |
| (3) | Repealed | |
| 53 | (1) | Compensation payment |
| (2) | Disposition of deposit | |
| (3) | Deposit of money | |
| 54 | Rehearing of application re compensation only | |
| 55 | (1) | Operator's responsibility to cut down weeds |
| (2) | Failure of operator to cut down weeds | |
| (3) | Board may order operator to cut down weeds | |
| (4) | Limitation on time of application to cut down weeds | |
| (5) | Apportionment of compensation among operators | |
| 56 | Topsoil | |
| 57 | Filing and enforcement of order | |
| 58 | Order as judgment of court | |
| 59 | Order of board need not show board's jurisdiction | |
| 60 | Assignment of order | |
| 61 | Service of copy of order | |
| 62 | Orders and agreements run with land | |
| 63 | (1) | Filing of caveat |
| (2) | Address for service to be shown on caveat | |
| 64 | (1) | Registering and vacating order under Registry Act |
| (2) | Costs of application | |
| 65 | Department to provide document without charge | |
| 66 | Fee for service at land titles office | |
| 67 | Penalty for failure to file agreement | |
| 68 | Regulations | |
| 69 | Reference in CCSM | |
| 70 | Repeal | |
| 71 | Commencement of Act | |